RIGHT TO FREEDOM OF EXPRESSION: A LOOK FROM THE PERSPECTIVE OF THE RIGHT TO PRIVACY AND THE RIGHT TO FORGET

Abstract

With the increasing advance of information systems in recent decades, it has become almost impossible to be safe from cyber cyber attacks, which are at an intense speed for all sorts of citizens, making them vulnerable to the conflict of norms that underpin them. the Democratic State Right, in the present times. Rigid Constitutions, such as the Brazilian one, are the most propitious to the difficult task of updating its laws, equating them with the wishes of society and thus resolving their constitutional conflicts. The existence of wide freedom of expression, of communication, in a globalized way, and its agile ability to transmit the facts by various means, constitute a real obstacle that conflicts with the right to privacy, intimacy and consequently the forgetfulness in the application of the concrete case. which are protected in the Magna Carta. The solution of this conflict is based on the use of the principle of weighting, confronting existing interests and applying what is best suited in this case. The Federal Constitution guarantees these fundamental rights in order to guarantee their important principled foundation, which is the dignity of the human person. Such a principle is full and absolute, free of grooves or arguments that might relativize it. What is taken care of is to point out a semantic content of what is made of the concept of dignity, taking care not to distort it in the face of the historical moment that intertwines between equality, freedom and human dignity in fundamental rights.